Michigan Compiled Laws § 440.3202 Negotiation; Effective Although Subject To Rescission Or Other Remedies.


440.3202 Negotiation; effective although subject to rescission or other remedies.

Sec. 3202.

(1) Negotiation is effective even if obtained (i) from an infant, a corporation exceeding its powers, or a person without capacity, (ii) by fraud, duress, or mistake, or (iii) in breach of duty or as part of an illegal transaction.

(2) To the extent permitted by other law, negotiation may be rescinded or may be subject to other remedies, but those remedies may not be asserted against a subsequent holder in due course or a person paying the instrument in good faith and without knowledge of facts that are a basis for rescission or other remedy.


History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1993, Act 130, Eff. Sept. 30, 1993


Section: 440.3201  440.3202  440.3203  440.3204  440.3205  440.3206  440.3207  440.3208    Next

Last modified: October 10, 2016